Wayfair wish to charge return Item fee

dave1968

Hello I hope someone can give me some advise here. On Monday 28th October I ordered a sofa through Wayfair in the UK. I was told delivery would be by Wed 6th November then on the 30th October I recieved an email saying My sofa would be delivered Friday 1st Nov. Great I thought. until the courier company then emailed me saying they would deliver at some point in the next 5 days. I called Wayfair but no one could give me any estimate of the day i would get my item.



I called 3 times and each time was promised a call back which never came. I called the courier company who could not give me any estimate but did tell me my couch would not be delivered on the 1st November as the previous email from Wayfair clearly stated. I needed a date as I have to take time off work to be home for the delivery.



In the end the customer service and lack of ability to tell me when I was likely to get my couch I asked to cancel the order. I was clearly told on the call (calls are recorded ) that I would get a full refund. Later on this evening I am told by customer service they will charge me a return fee (of up to £50)



I never even got the couch and no where on the email telling me of the delivery for the 1st of November did it state this was an estimated date. Surley they can not charge me £50 for an item I never even recieved. The customer service has been appalling and i have fought all day to get answers only to find out I will now be out of pocket.



Any advise or info greatly appreciated thank you

boo_star

dave1968 wrote: »

(calls are recorded )

Are they though, or it is "some calls may be recorded"?

I find it very unlikely every call to a furniture retailer is recorded to be honest.

I worked for a bank and we didn't record everything.

dave1968

Hi well when you call Wayfair customer service at the start of the call an automated voices tells you all calls are recorded and you need to press 1 if you agree with this. So unless this is just fake then yes calls should be recorded. This has really upset me, I saved a long time to buy this couch, and they totally messed it up. And im so limited with the times I can get of work to be here to accept the delivery. And now it seems im going to be £50 down for something I didnt even get.



I have been in email contact with one of there team who have been quite arrogant with me repeating over and over they are within there rights and IM welcome to take any action I want but they are not going to waiver the return fee as they state he said all delivery times are estimates. Then when I showed him the email I got from Wayfair yesterday stating deliver was Friday the 1st with no mention of estimated dates he never got back to me.



I live with my mentally disabled son alone so arranging times with his carer team and work took allot of effort. Im just so annoyed by this. Apologies for the rant. thanks. Dave.

boo_star

Even if they say they do, it doesn't mean they actually do, or that they retain it for any length of time.

I actually think you're in the right here, as the CRA 2015 doesn't allow for retention of delivery charges or restocking fees, but I don't agree that you'll get anywhere by trying to prove it via recorded calls. It's almost certainly bluster on their part.

dave1968

Thanks for the replies. I hear from Wayfair and they are going to deduct a full £50 of my refund for returning the item even though I never received it. They stated this is the fee for them to get the item back from the courier to there own warehouse. So they have screwed me over basically and refuse to budge.

babyblade41

I had many problems with Wayfair, there CS are rubbish. I will never buy from them again

the_lunatic_is_in_my_head

boo_star wrote: »

I actually think you're in the right here, as the CRA 2015 doesn't allow for retention of delivery charges or restocking fees, but I don't agree that you'll get anywhere by trying to prove it via recorded calls. It's almost certainly bluster on their part.

OP is cancelling under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which state as part of the required information:

where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;


It's stated on their website so if they complied with this by also providing via durable means I believe the charge is valid.

It would depend on what the email specifically said regarding the 1st of November delivery as to whether the OP could have claimed anything under failed delivery if they then had taken a second day to accept the delivery.

dave1968

Hi this is the exact wording of the email from Wayfair



Ordered Mon, Oct 28 Shipped Wed, Oct 30 Delivery Fri, Nov 1Your order has shipped! Hi xxxx xxxxx, Your delivery from order is on its way! Track your package below. Please allow a few hours to receive full tracking details:


Delivery Partner: XDP Delivery Method: Room Of Choice Delivery Shipping To: xxxx xxxxxx
xxxxxx
xxxxx, xxxxxx
United Kingdom

===========
No mention of estimated dates as can be seen. I then booked a day of work for this delivery. The support on facebook just admitted to me the email was not clear at all the delivery date was an estimate. So god knows whats going on.
Contact Info: xxxx xxxxx
[EMAIL="dinocaz@gmail.com"]dixxxxxxxx[/EMAIL]
+4477xxxxxx

boo_star

the_lunatic_is_in_my_head wrote: »

OP is cancelling under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which state as part of the required information:

where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;


It's stated on their website so if they complied with this by also providing via durable means I believe the charge is valid.

It would depend on what the email specifically said regarding the 1st of November delivery as to whether the OP could have claimed anything under failed delivery if they then had taken a second day to accept the delivery.

Granted it way around a year ago but my last emails from Wayfair regarding an order do not state anything about charges for cancelling the order, I suspect the OPs don't either.

the_lunatic_is_in_my_head

boo_star wrote: »

Granted it way around a year ago but my last emails from Wayfair regarding an order do not state anything about charges for cancelling the order, I suspect the OPs don't either.

Can be provided on paper with the goods as well.

dave1968

Hi again update to this Wayfair cs on faceook have been in touch. They have admitted in chat to me some inconsistencys with how this was handled and also how they see the process was not clear so have now agreed to "waive" the return fee of £50. its a graceful climbdown. And to the online FB team credit they have been really polite and upfront with this.



But it goes to show if you feel your in the right its worth sticking with it other wise like me you could have found yourself out of pocket. Shame it came to this as I did want the couch. But just glad its resolved and will get my money back in full over the next 7 days. Thanks for the replies to this. I have to still see the refund but sure that wont be an issue.